Singh v. Kane et al

Filing 15

ORDER - IT IS ORDERED DENYING the 1 PETITION for Writ of Habeas Corpus as moot. Signed by Judge Frederick J Martone on 12/19/08. (SAT)

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Harbinder Singh, Petitioner, vs. Katrina S. Kane, et al., Respondents.

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No. CIV-08-01370-PHX-FJM ORDER

The court has before it petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (doc. 1), respondents' response and notice of status report (docs. 9 & 12), the Report and Recommendation of the United States Magistrate Judge (doc. 13), and petitioner's objection (doc. 14). Following our de novo review, we "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Petitioner challenged his detention pending his removal to India and sought release from custody. However, he advises us that on November 18, 2008, he was released from custody and removed to India. The Report and Recommendation recommends a denial and dismissal with prejudice. Petitioner, having been removed after the Report and

Recommendation, objects and suggests a dismissal on grounds of mootness.

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IT IS ORDERED DENYING the Petition for Writ of Habeas Corpus as moot (doc.

DATED this 19th day of December, 2008.

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